The Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form is a legal document used by individuals seeking to initiate a divorce in Texas. This form outlines the necessary information and requests that must be submitted to the court to start the divorce process. Understanding how to properly complete and file this form is crucial for those looking to navigate the divorce proceedings effectively.
When navigating the complexities of divorce in Texas, understanding the necessary legal forms can significantly ease the process. One essential document is the FM-DivC-100 Original Petition for Divorce Set C form. This form serves as a formal request to the court to initiate divorce proceedings, outlining the petitioner’s desires and claims regarding the dissolution of marriage. It is crucial for individuals to accurately complete this form, as it includes vital information such as the names of both spouses, the date of marriage, and the grounds for divorce. Additionally, the form addresses matters related to property division, child custody, and support, making it a comprehensive starting point for those seeking to end their marriage. By carefully filling out the FM-DivC-100, individuals can ensure their legal rights and interests are adequately represented from the very beginning of the divorce process. Understanding the implications of each section can empower individuals to approach their divorce with clarity and confidence.
What is the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form?
This form is used to initiate a divorce proceeding in Texas. It serves as a formal request to the court to dissolve a marriage and outlines the details of the marriage, the grounds for divorce, and any requests for child custody, support, or property division.
Who can use this form?
This form is intended for individuals seeking a divorce in Texas. It is specifically designed for those who meet the eligibility requirements to file for divorce in the state, including residency and other legal considerations.
What information do I need to complete the form?
You will need to provide personal information about yourself and your spouse, including names, addresses, and dates of birth. Additionally, details regarding the marriage, such as the date of marriage and any children involved, must be included. Be prepared to outline your requests regarding custody, support, and property division.
Can I fill out the form online?
Is there a filing fee associated with this form?
Yes, there is typically a filing fee when submitting the Original Petition for Divorce. The amount can vary by county. If you cannot afford the fee, you may qualify for a fee waiver. Check with your local court for specific details.
How do I submit the completed form?
You can submit the completed form in person at the courthouse or, in some cases, electronically through the court's online system. Ensure you check the submission guidelines for your specific county.
What happens after I file the form?
After filing, the court will issue a citation to your spouse, informing them of the divorce proceedings. Your spouse will then have a specified period to respond to the petition. If they do not respond, you may be able to proceed with an uncontested divorce.
Do I need an attorney to file this form?
While it is not required to have an attorney to file the form, having legal representation can be beneficial, especially if your divorce involves complex issues like child custody or significant assets. An attorney can provide guidance and ensure your rights are protected.
Where can I find additional resources or assistance?
Additional resources can be found on the Texas Law Help website, local legal aid organizations, or through family law clinics in your area. These resources can provide guidance and support throughout the divorce process.
What if I have more questions about the form or the divorce process?
If you have more questions, consider reaching out to a legal aid organization or consulting with an attorney who specializes in family law. They can provide personalized assistance and help clarify any concerns you may have.
When filling out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form, there are several important points to keep in mind. Here are some key takeaways:
Misconception 1: The FM-DivC-100 form is only for couples with children.
This form can be used by any couple seeking a divorce, regardless of whether they have children. It is designed to accommodate various circumstances, including childless marriages.
Misconception 2: Filing the FM-DivC-100 form guarantees a quick divorce.
While this form initiates the divorce process, the timeline for finalizing a divorce can vary significantly. Factors such as court schedules, the complexity of the case, and whether both parties agree on terms can all influence the duration.
Misconception 3: You must hire a lawyer to file the FM-DivC-100 form.
Although legal representation can be beneficial, it is not a requirement. Individuals can file the form on their own, provided they understand the process and requirements.
Misconception 4: The FM-DivC-100 form is only available online.
While many people access the form online, it can also be obtained at local courthouses or legal aid offices. Physical copies are available for those who prefer them.
Misconception 5: Completing the FM-DivC-100 form is straightforward and requires no preparation.
Filling out the form can be complex, depending on individual circumstances. It is advisable to gather necessary information and documents beforehand to ensure accuracy and completeness.
Misconception 6: Submitting the FM-DivC-100 form means you cannot change your mind about the divorce.
Filing the form does not prevent either party from reconsidering the decision. However, it is important to formally withdraw the petition if both parties agree to stay married.
Misconception 7: The FM-DivC-100 form is the only document needed for divorce.
In many cases, additional forms may be required, especially if there are disputes regarding property or other matters. It is crucial to understand the complete set of documents needed for a successful divorce filing.
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.
Cause Number:
(The Clerk’s office will fill in the Cause Number and Court Number when you file this form.)
IN THE MATTER OF THE MARRIAGE OF
Petitioner:
Print first, middle and last name of the spouse filing for divorce.
And
Respondent:
Print first, middle and last name of other spouse.
In the ______________
(Court Number)
District Court
County Court at Law
County, Texas
Original Petition for Divorce
Print your answers.
My name is: __________________________________________________________________________.
First
Middle
Last
I am the Petitioner, the person asking for a divorce.
The last three numbers of my driver’s license number are: ___
___
___. My driver’s license was
issued in (State) ________________________.
or
I do not have a driver’s license number.
The last three numbers of my social security number are: ___
___.
I do not have a social security number.
My spouse’s name is: __________________________________________________________________.
My spouse is the Respondent.
1.Discovery Level
The discovery level in this case, if needed, is: (Check one box.)
Level 1. Check here if you and your spouse have less than $50,000 in property.
Level 2. All other couples check here.
2. Legal Notice (Check one box.)
I think my spouse will sign a Waiver of Service (or Answer). Do not send a sheriff, constable, or process server to serve my spouse with a copy of this Petition for Divorce at this time.
I will have a sheriff, constable, process server or clerk serve my spouse with this Petition for Divorce here:
_________________________________________________________________________________.
Street AddressCityStateZip
If this is a work address, name of business: ______________________________________________.
I ask the clerk to issue a Citation of Service (the form necessary to provide legal notice to my spouse by “Official Service of Process”). I understand that I will need to pay the fee (or file a Statement of Inability to Afford Payment of Court Costs if I am unable to pay the fee) and arrange for service.
I cannot find my spouse. I ask that my spouse be served by publication. I understand I must file an Affidavit for Citation by Publication and hire a lawyer to serve as attorney ad litem for my spouse.
FM-DivC-100 Original Petition for Divorce [Set C] (Rev. 09-2017)
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3. Jurisdiction
3A.County Residence Requirement
(Check all boxes that apply.)
I have lived in this county for the last 90 days.
My spouse has lived in this county for the last 90 days.
I am serving in the armed forces or other government service outside of Texas, but this county has been the home county of either my spouse or me for at least 90 days.
I have accompanied my spouse who is serving in
the armed forces or other government service outside of Texas, but this county has been the home county of either my spouse or me for at least 90 days.
Note: You cannot file for divorce in Texas until you or your spouse has lived in the county where you are asking for a divorce for at least the last 90 days and
in Texas for at least the
last six months.
There are special rules for military families and others who are absent from the state due to government service. Get more information at www.TexasLawHelp.org.
3B.Texas Residence Requirement
I have lived in Texas for the last six months.
My spouse has lived in Texas for the last six months.
I am serving in the armed forces or other government service outside of Texas, but Texas is the home state of either my spouse or me and has been for at least 6 months.
I have accompanied my spouse who is serving in the armed forces or other government service outside of Texas, but Texas is the home state of either my spouse or me and has been for at least 6 months.
3C.Personal Jurisdiction over Spouse
(Check one box.)
My spouse lives in Texas.
My spouse does not live in Texas.
(If your spouse does not live in Texas, check any boxes that apply below.)
My spouse agrees that a Texas court can make orders in this divorce, including orders dividing our property and debts. My spouse will file a Waiver of Service (or Answer).
Texas is the last state where we lived together as a married couple. This Petition for Divorce is filed less than two years after we separated.
4. Dates of Marriage and Separation
My spouse and I got married on or about: __________________________________________________.
MonthDayYear
We stopped living together as spouses on or about: __________________________________________.
Month
Day
Year
5. Grounds for Divorce
I ask the Court to grant me a divorce. The marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
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6. Children Together
My spouse and I do have children together who are under the age of 18 or still in high school. All of our children who are under the age of 18 or still in high school are listed below. However, there is a final court order for custody (conservatorship), visitation, child support and medical support of all the children listed below and I am not asking to change that order at this time.
The order was made in ____________________________ County and ____________________ State.
The cause number for the order is __________________________________.
I understand I must attach a file-stamped copy of the order to my Final Decree of Divorce.
Child’s name
Age
Date of Birth
Sex
1.
2.
3.
4.
5.
6.
Note: Do not use this form if you have a court order about your children but:
1)the order does not include all the children you and your spouse have together, or
2)the order is a temporary order, or
3)you are asking the court to make changes to the order.
If one of these situations applies, you must ask a lawyer to draft the appropriate form for your case.
7. Is the Wife Pregnant?
The wife in this marriage is not pregnant.
The wife in this marriage is pregnant. I understand that I cannot finish the divorce until after the child is born.
(If the wife is pregnant, also check one box below.)
The husband is the father of this child. I ask the court to include orders for custody, visitation, child support and medical support for the child in the Final Decree of Divorce.
The husband is not the father of this child. I understand that paternity of the child must be established before I can finish my divorce. (Get information about establishing paternity at www.TexasLawHelp.org.)
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8. Did the Wife have a Child with Another Man while Married to the Husband?
(Check one box. Fill in the requested information, if applicable.)
The wife did not have a child with another man while married to the husband.
The wife did have a child with another man while married to the husband. All of the children born during the marriage that are not the husband’s adopted or biological children are named below:
(If the wife had a child or children with another man during the marriage, check one box below,)
Paternity of the child/ren named above has not been established. I understand that paternity of the child/ren must be established before I can finish my divorce. (Get information about establishing paternity at www.TexasLawHelp.org.)
Paternity of the child/ren named above has been established:
A court order has established that another man is the biological father and/or the Husband is not the biological father of the child/ren listed above. I understand I must attach a file-stamped copy of the court order to my Final Decree of Divorce.
An Acknowledgement of Paternity was signed by the biological father and a Denial of Paternity was signed by the Husband for the child/ren listed above. I understand I must attach a copy of these documents to my Final Decree of Divorce.
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9.Protective Order Statement (Check the appropriate boxes below. Fill in the requested information.)
Note: You must provide information about any protective order or pending application for protective order
involving you and your spouse or a child of either you or your spouse. This includes information about any: (1) family violence protective order, (2) sexual assault, sexual abuse, trafficking or stalking protective order and/or
(3) emergency protective order issued after an arrest.
You must also attach to this petition a copy of any protective order (even if it’s expired) in which one spouse or child of either spouse was the applicant or victim and the other spouse was the respondent or defendant.
9A. No Protective Order
I do not have a protective order against my spouse and I have not asked for one.
My spouse does not have a protective order against me and has not asked for one.
9B. Pending Protective Order
I have filed paperwork at the courthouse asking for a protective order against my spouse, but a judge has not decided if I should get it. I asked for a protective order on ____________________
Date Filed
in ______________ County, ___________. The cause number is _________________________.
County
State
Cause Number
If I get a protective order, I will file a copy of it before any hearings in this divorce.
My spouse has filed paperwork asking for a protective order against me, but a judge has not decided if my spouse will get it. My spouse asked for a protective order on _________________
in _______________ County, ___________. The cause number is ________________________.
If my spouse gets a protective order, I will file a copy of it before any hearings in this divorce.
9C. Protective Order in Place
I do have a protective order against my spouse. I got the protective order in
____________________________ County, ______________________ on _________________.
CountyStateDate Ordered
The cause number for the protective order is _________________________________________.
Either I have attached a copy of the protective order to this petition or I will file a copy of it with the court before any hearings in this divorce.
My spouse does have a protective order against me. The protective order was made in
_____________________________ County, _____________________ on __________________.
The cause number for the protective order is __________________________________________.
10. Waiver of Waiting Period Based on Family Violence (Check only if applicable.)
I ask the Court to waive the 60-day waiting period for divorce because: (Check one box.)
My spouse has been convicted of or received deferred adjudication for a crime involving family violence against me or a member of my household.
I have an active protective order or an active magistrate’s order for emergency protection against my spouse because of family violence during our marriage. The order includes a finding that my spouse committed family violence.
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11. Property and Debt
Note: It is important to talk with lawyer if you or your spouse has a house, land, business, retirement funds, other valuable property or debt. Getting advice from a lawyer now can save you time and money in the long run.
About community property: Texas is a community property state. This means that any new property that either spouse gets from the minute they are married until the minute the judge grants the divorce is probably community property, even if the property is only in one spouse’s name.
About separate property: Property owned by a spouse before the marriage is that spouse’s separate property. In addition, if either spouse receives a gift, an inheritance, or a recovery for personal injuries that occurred during the marriage (not including a recovery for lost wages or medical expenses); it is that spouse’s separate property. There are exceptions to these general rules. If you have questions talk to a lawyer.
About retirement: Retirement funds (such as 401k, pension, profit sharing, stock option plans and IRAs) earned by either spouse during the marriage are usually considered to be community property that can be divided by the court. This is true even if you or your spouse has not yet retired. If you want the Court to divide retirement funds (other than an IRA), you will need to have the Court sign an additional form, usually called a “Qualified Domestic Relations Order” (QDRO), to make the division effective. You should have the QDRO prepared before you go to court, so the judge can sign it when you finish your divorce. A QDRO form is not included with this divorce set. You may be able to get a sample QDRO form from the employer or retirement fund administrator. If not, you should hire a lawyer to draft the QDRO form. If you use the employer or retirement fund administrator’s QDRO form, you should still have a lawyer review it to make sure you are not giving up important benefits. Note: If you and your spouse plan to keep your own retirement funds or do not have retirement funds, you do not need a QDRO.
About debt: A creditor’s right to collect a debt is not affected by a divorce decree. So, if the Court orders your spouse to pay a debt (such as a mortgage) that is in both of your names but your spouse doesn’t pay it, the creditor can still seek payment from you. Ask a lawyer how to protect yourself in this situation.
11A. Community Property and Debt
If my spouse and I can agree about how to divide the property and debts we got during our marriage, I ask the Court to approve our agreement. If we cannot agree, I ask the Court to divide our community property and debts according to Texas law.
11B. Separate Property
I own the following separate property. I owned this property before I was married or I received this property as a gift or inheritance during my marriage or I received this property as recovery for personal injuries that occurred during the marriage (not including any recovery for lost wages or medical expenses). I ask the Court to confirm this property as my separate property.
(Fill in all lines. If you have no property to list in a particular category, write “none.”)
House or land located ___________________________________________________________________
Street Address
City
Zip
Cars, trucks, motorcycles or other vehicles
Make
Model
Vehicle Identification No. [VIN]-
Other money or personal property I owned before I was married, received as a gift or inheritance during my marriage or property I purchased during my marriage with separate property funds:
Money I received as recovery for personal injuries that occurred during the marriage that was not for lost wages or medical expenses:
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12. Name Change
Note: You cannot use this form to change your name to anything other
than a name you used before you got married.
I am NOT asking the Court to change my name.
I ask the Court to change my name back to a name I used before my marriage. I am not asking the court to change my name to avoid criminal prosecution or creditors. I ask that my name be changed to:
13. Request for Judgment
I ask the Court to grant my divorce. I also ask the Court to make the other orders I have asked for in this Petition and any other orders to which I am entitled.
Petitioner’s NameDate
Petitioner’s Signature
Phone
Mailing Address
Fax #
Email Address:
(if any)
I understand that I must notify the Court and my spouse’s attorney (or my spouse if my spouse does not have an attorney) in writing if my mailing address or email address changes during these divorce proceedings. If I don’t, any notices about this case including the dates and times of hearings will be sent to me at the mailing address or email address above.
Note: For a referral to a lawyer call your local lawyer referral service
or the State Bar of Texas Lawyer Referral Information Service at 1-800-252-9690.
For information about free and low-cost legal help in your county go to www.TexasLawHelp.org
or call the Legal Aid office serving your area:
Legal Aid of Northwest Texas 1-888-529-5277 (serves Dallas / Ft. Worth area & Northwest Texas)
Lone Star Legal Aid 1-800-733-8394 (serves Houston area & East Texas)
Texas Rio Grande Legal Aid 1-888-988-9996 (serves Austin / San Antonio area, El Paso area & South Texas)
If you have been the victim of family violence, or if at any time you feel unsafe, get help by calling the:
National Domestic Violence Hotline at 1-800-799-SAFE (7233) or
Texas Family Violence Legal Line at 1-800-374-HOPE (4673) or
Advocates for Victims of Crime (AVOICE): at 1-888-343-4414.
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Incomplete Information: One of the most common mistakes is failing to provide all required information. This includes not filling out personal details such as names, addresses, and dates of birth accurately.
Incorrect Filing Fees: Many people overlook the importance of verifying the correct filing fees. If the fees are not paid or if the wrong amount is submitted, it can delay the process significantly.
Missing Signatures: It's essential to ensure that all necessary signatures are included. A petition without the proper signatures is considered invalid and will be rejected.
Not Following Local Court Rules: Each court may have specific rules regarding formatting and submission. Ignoring these can lead to complications, including the rejection of the petition.
Failure to Attach Required Documents: Certain documents, such as financial disclosures or proof of residency, must accompany the petition. Neglecting to include these can result in delays or dismissal of the case.
Inaccurate Information About Children: If children are involved, providing incorrect information about custody, support, or visitation can have serious implications. It's crucial to be thorough and accurate in this section.
When filling out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form, it's essential to navigate the process with care. Here are some key dos and don'ts to consider:
The Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form is designed to initiate the divorce process in Texas. Similar to this form is the FM-DivC-101 Answer to Original Petition for Divorce. This document is filed by the responding spouse to provide their side of the story and outline any defenses they may have. It allows the respondent to formally address the claims made in the Original Petition, ensuring that both parties have the opportunity to present their perspectives in court.
Another related document is the FM-DivC-102 Counterpetition for Divorce. This form is used by the respondent who not only wants to answer the Original Petition but also seeks their own divorce. It allows the counterpetitioner to request different terms regarding child custody, property division, and other issues, effectively making their own case while responding to the original filing.
In addition to the various divorce-related documents discussed, it's essential for individuals to also be aware of the importance of having a Bill of Sale form when transferring ownership of personal property. The https://californiapdfforms.com/ can provide a reliable template to ensure that such transactions are recorded properly, thus safeguarding the rights of both buyers and sellers by offering proof of the exchange.
The FM-DivC-103 Motion for Temporary Orders is also relevant. This document can be filed alongside the Original Petition to request immediate, temporary relief on matters like child custody or support while the divorce is pending. It serves to protect the interests of the filing spouse and any children involved until a final decision is made.
The FM-DivC-104 Final Decree of Divorce is another essential document. After the divorce process is complete, this form outlines the final terms agreed upon by both parties or determined by the court. It includes details about property division, custody arrangements, and support obligations, marking the official end of the marriage.
Additionally, the FM-DivC-105 Motion to Modify is significant. Once a divorce is finalized, circumstances may change, necessitating adjustments to custody or support agreements. This document allows a party to request changes to the original orders, ensuring that arrangements remain fair and relevant over time.
The FM-DivC-106 Notice of Hearing is also important in the divorce process. This document is used to inform all parties involved of a scheduled court hearing regarding the divorce. Proper notice is essential for ensuring that both spouses have the opportunity to present their cases and be heard by the judge.
In cases involving children, the FM-DivC-107 Parenting Plan is crucial. This document outlines how parents will share responsibilities and make decisions regarding their children after the divorce. It addresses custody arrangements, visitation schedules, and other important aspects of co-parenting, promoting a cooperative approach to child-rearing post-divorce.
The FM-DivC-108 Affidavit of Indigency is another document that may be relevant. If a spouse cannot afford the court fees associated with the divorce, this form allows them to request a waiver of those fees. It requires the individual to provide information about their financial situation, ensuring that access to the legal system is available to all, regardless of income.
Lastly, the FM-DivC-109 Waiver of Service is significant in certain situations. If both spouses agree on the divorce terms and one spouse does not wish to be formally served with divorce papers, this document can be signed. It streamlines the process and can help reduce tension between the parties, making the divorce experience less adversarial.